Trial of Saheed Bhagat Singh (a case that you should know )

Bhagat Singh At the age of 23, Bhagat Singh was hanged on 23 March 1931 along with revolutionaries Rajguru and Sukhdev.

Now, it has surfaced that his sentence was pronounced by the court, which did not have the approval of the legislature for its constitution. The death warrant issued for Bhagat Singh, Sukhdev and Rajguru was invalid. And, the trial violated the principle of natural justice.

WHY BHAGAT SINGH FACED TRAIL ?

Bhagat Singh and Batukeshwar Dutt threw bombs in the Central Legislative Assembly on 8 April 1929 in protest against the  Public Safety Bill. He also threw out some handwritten sheets to illustrate his demands.

It was a low-intensity bomb that was not intended to kill or injure any member of the Legislative Assembly. As soon as the explosion occurred, Bhagat Singh and BK Dutt stood there and later surrendered themselves to the police.

The trial began on 7 May before the British Magistrate BP Pool. Bhagat Singh and BK Dutt were represented by Advocate  Asif Ali, a member of the Indian National Congress, while public prosecutor Rai Bahadur was Suryanarayana. Stating that Bhagat Singh and BK Dutt "hurled bombs with the intent to kill or injure King Majesty's subjects", the judge framed the charges and presented the two revolutionaries to the Sessions Court under British Judge Leonard Middleton.

Some of the questions asked in court were:

Judge: ‘Were you present in the Assembly on the 8th of April, 1929?”

Bhagat Singh: ‘As far as this case is concerned, I feel no necessity to make a statement at this stage. When I do, I will make the statement.”

Judge: ‘When you arrived in the court, you shouted, “Long Live Revolution!”. What do you mean by it?’
then asif ali lawyer  of bhagat singh objected the question  and objection was sustained 



The two revolutionaries refused to cooperate in the trial, sparked by a false allegation by the police that Bhagat Singh opened fire in the Legislative Assembly. Bhagat Singh carried the pistol to the Central Hall but at the time of his arrest he handed it over to the police. Despite this, the court convicted him and sentenced him to life (14 years).

ANOTHER TRAIL FACED BY BHAGAT SINGH( LAHORE CONSPIRACY CASE)

But the British government was not satisfied with this alone. Bhagat Singh was linked to another case - the murder of British police officer John P. Saunders and head constable Chanan Singh. The police found their case based on similarities in the handwriting of leaflets thrown by Bhagat Singh in the Assembly Chamber and those found after the killing of Saunders at various places in Lahore.

This case is known as Lahore Conspiracy Case. Bhagat Singh, Sukhdev and Rajguru were prosecuted for the murder of Sanders and Chanan Singh. The trial in the Lahore Conspiracy Case started in Borstal Jail and was heard by first class Magistrate Pandit Shri Kishan, who was later conferred the title of Rai Sahab by the British Government.

HUNGER STRIKE IN JAIL BY BHAGAT SINGH, 

Kureh Khak hai Gardash main Tapash si Meri , Main Voh majnu huan Jo Jindan main Bhee Azad Raha sher written by -Saheed Baghat Singh in jailgh in jail

Meanwhile, Bhagat Singh and his colleagues started a hunger strike to protest the prisoners' living conditions in the jail. He and other revolutionaries refused to cooperate with the trial, which did not progress much after the framing of charges against him, despite the fabricated witnesses, the accused-confessors and the evidence leveled.

The British government was losing patience as Bhagat Singh's popularity was increasing despite being in prison. On May 1, 1930, Viceroy Lord Irwin promised an ordinance to set up a special tribunal to conduct the hearing of the Lahore Conspiracy Case.

On 7 October, three weeks before its term ended, the tribunal convicted Bhagat Singh, Sukhdev and Rajguru for the murder of Saunders and Chanan Singh.

WHY CONVICTION WAS ILLEGAL 

The entire case against Bhagat Singh was flawed. The FIR lodged in the murder of Saunders did not name the "two unknown" accused. Bhagat Singh was not named as an accused or suspect in the FIR. Even later his name was not added. It was only after the trial in the bomb case started that the British police linked him to the Lahore conspiracy case.

The ordinance that was brought to set up a tribunal to hear the Lahore Conspiracy Case never got the legislature's approval. Its period expired after the tribunal convicted Bhagat Singh. Under the provisions of the 1935 Act, an ordinance was required to procure the approval of the legislature.

The death warrant issued by the tribunal expired before being executed by Bhagat Singh, Sukhdev and Rajguru. The death warrant on which they were executed was not issued by the trial court, as the ordinance ended in its existence and did not receive legislative approval. Under the law, only the trial court was empowered to issue a death warrant. The death warrant thus issued and executed was invalid.


The trial against Bhagat Singh, Sukhdev and Rajguru declined the natural principle of justice. The accused were never presented before the tribunal. His defense was not heard. The defense counsel was not allowed to cross-examine approximately 450 prosecution witnesses. Only those witnesses who were allowed to cross-examine by defense counsel